The Black range. (Robinson, Socorro County, N.M.) 1882-1897, 1887-10-21
An Important Water Right
Question Decided.

TuH RANoE publishes iu fuli the de-
cs.uu of galrr Mm q. nunksr. 81
and Judicial district of \ 81 Mexico in
.lr HaticI 60 uae uj1 CalIeute aud
Canada de Alamusa water rights with
sullivan 20 81 vs stevens ctal which
Is 81 much Interest o. tie settlers o.
siding 90 Oh Caiienie erred and O.
otlels Isl sell, wherein water rights
are in doubt. Tie decis m 90 fthe court
.syefy conclusive and IL is follows:
~ the district Clurt Cor the SECOND
judicial district Of thr territory 81 New
M.xiea Tor the county of >ocurIo
Tie uor WIN II Bunker, associate
justice Uf tie supreme court of the ter
utory OF New Mexico. and Judge of The
second judicial district thereof, pre-
siding.
~ chancery sitting the 9Th day Of
Juug. A.. u. 1ss7.
Sow 90 this d8y. this cause coming
on 20 be heard. and the court having
seen and heard the p'eadiugs and the
evidence. and the report OF the special
master. Walter N. Wilson, %thereupon,
and the exceptions Of counsel To the
findings and report of said special
master, and having heard the argument
Of counsel thereup0n, doth Oyerrule
he said exceptions OF counsel 10 the
said findings and report of the said
special master, and the court doth sus-
ain and confirm IN M things ard re-
spects the said findings and the report
of the said special master, and the
court doth iud that In the year A. ID.
1867, a number Of compliments ap-
propriated for tie purp zee of irriea-
tion aud domestic use all the waters
flowing from certain springs, known as
the "Ojo Calieute.' situated on what
is known rs the "Ojo Caliente Military
Reservation" which said springs are
situated In ssocurrO county, New Mex
leo. and all The waters flowing through
"A certain stream or creek known as
Canada de Aiamosa," which said
stream or creek flows in a south east
erly direction from said OjO Caliente
springs toward the Rio Grande river,
said stream or creek having IT'S source
In ~ocorro county, New Mexico, and
having It's course into Sierra county
New Mexico, that an of cumplainants
who were not Origin appropriations
in the year 1851, as aforesaid, have
lawfully obtained the right to the use
OF the said waters from the said
sprlEgs. and said stream OF creek, from
the Original appropriations thereof, that
since the aforesaid appropriation OF
said waters of SAID springs and said
stream or creek, the cUmplainauts have
constantly mp TO the present time, re.
quirrd and used all the sand waters III
the irrigation OF the lands md crops OF
said compliments, and for their neces'
j sary domestic purposes, that from sald
year \. d. 1851, up TO the present time
o complanants have IN each year clean.
i ed out the stream on creek and sait
y springs, so as to utilize all OF 8aiC
S springs: that defendants made NJ
q claim, and did not attempt any
use of said waters OF said stream OF
n creek on of said springs prior to TIN
n year A. d. 1883, that cumplainants haC
$ rs aforesaid appropriated and acquire
A the right to said waters of said STREAM
O. or creek and of said springs long pro
j. 10 said year a. d. 1885 that complain
ants have aud are entitled TO the eXclu
slye use for all purposes OF all the san
waters Of said stream or creek and o
!" SAID springs; and that defendants hay
no right, title or interest in and TO sal
waters of said stream or creek or o
said splings, that the defendants hay
u continuously since 4. ID. 1885,, diyerteI
the said waters of said stream or cree.
n and of said springs from their channe
and use the same, and havedug ditche
:. through which defendants have cause
the said waters 10 flow, and place
e dams and distractions IN the channI
OF said stream or creek and preyente
he said waters Of said stream or cree
i and OF SAID springs from lowing int
D. the lands Of complainants, and hay
n deprived the complainants of the usec
said waters of SAID stream or cree
and OF said springs, and have thereb
" irremediably damaged complainant
=" Wherefore II is ordered, adjudged an
I decreed that the Injunction herelofol